Van nieuwsblog.burojansen.nl

Officials say chances of life-termer going free ‘better than ever’ as US seeks to sooth Israel over Iran; Justice Department denies report

The Obama administration is preparing to release Jonathan Pollard, who was convicted in 1987 of spying for Israel, in hopes of alleviating tensions over the Iranian nuclear deal, the Wall Street Journal reported Friday.

According to US officials cited in the report, some are pushing for Pollard’s release in a matter of weeks, while others say it could take months. Still other US officials mentioned in the report denied any link between the Iranian nuclear deal and Pollard’s potential release.

ABC News’ managing editor tweeted Friday night that US officials had confirmed to ABC that the former Navy analyst was set to be released in November, when he is eligible for parole.

But the Justice Department said it expected Pollard to serve out his entire sentence.

“The Department of Justice has always and continues to maintain that Jonathan Pollard should serve his full sentence for the serious crimes he committed, which in this case is a 30-year sentence as mandated by statute,” said spokesman Marc Raimondi.

“Mr. Pollard’s status will be determined by the United States Parole Commission according to standard procedures,” added National Security Council spokesman Alistair Baskey. “There is absolutely zero linkage between Mr. Pollard’s status and foreign policy considerations.”

Israeli government officials — including Prime Minister Benjamin Netanyahu himself — activists, and even members of Congress have for decades lobbied successive US administrations for Pollard’s release.

There have been several reports in US media in recent months alleging that Pollard may be released later this year.

Last week, one of Pollar’s attorneys, Eliot Lauer, told the Times of Israel that he has received no indication of this.

“We have not received any word, and I would expect that either I or my client would be the ones who would be notified,” he said. Lauer is a member of Pollard’s pro bono legal team, and has represented him for over two decades.

The 61-year-old Pollard is serving a life sentence in a US federal prison for passing classified information to Israel; he was granted citizenship by Israel 20 years ago. The flurry of reports reflect a US government website that lists Pollard’s release date (under ID number 09185-016) as November 21, 2015 – a date that would coincide with the 30th anniversary of his arrest.

Lauer noted that November 21, 2015, has been listed as a release date for Pollard for decades.

US government site showing Jonathan Pollard’s scheduled release date
US government site showing Jonathan Pollard’s scheduled release date

In order for Pollard to be released, a Notice of Action must first be issued – and presumably, it is Pollard’s legal team which would receive it first. According to Lauer, no such Notice of Action has been received.

Lauer said the authorities could issue such a notice shortly before Pollard’s release date.

Although Pollard is serving a life sentence under a Federal law that allows the possibility of parole, he is the only American citizen who has been sentenced to life in prison for passing classified information to a US ally.

The US has at times considered releasing Pollard, but has been met with fierce opposition by some in the CIA, the FBI and the Justice Department. This could again be the case if indeed the Obama administration is considering it, but “[Pollard’s] chances at winning freedom are better now than they have ever been,” according to the WSJ report that attributes the belief to unnamed US officials.

There have been multiple false starts and reports over the years indicating that Pollard’s release was imminent. During his farewell visit as president of Israel to Washington DC last year, Shimon Peres pressed President Barack Obama for Pollard’s release.

In August 2014, a request by Pollard for parole was denied, with the officials arguing that releasing Pollard would “constitute contempt for the severity of the offense and promote a lack of respect for the law.”

AP contributed to this report.

BY REBECCA SHIMONI STOIL AND TIMES OF ISRAEL STAFF July 24, 2015, 11:29 pm 43

Find this story at 24 July 2015

© 2015 THE TIMES OF ISRAEL

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De Amerikaanse voormalig spion Jonathan Pollard zit een levenslange gevangenisstraf uit. Als werknemer bij de VS Marine Inlichtingendienst stal hij honderdduizenden geheime documenten en verkocht die aan Israël. De man die hem ontmaskerde, schreef er een boek over.

Bradley Manning wordt verdacht van het lekken van geheime documenten van de Amerikaanse overheid. Deze documenten werden openbaar gemaakt voor Wikileaks. Nog voordat Manning een eerlijk proces heeft gekregen, zit hij al een ruim een jaar in eenzame opsluiting.

De omvang en gevoeligheid van de Wikileaks-documenten vallen echter in het niet in vergelijking met het aantal geheime stukken dat Jonathan Pollard begin jaren ’80 aan de Israëliërs heeft overhandigd. Pollard werkte voor de Naval Intelligence Service. Van juni 1984 tot zijn aanhouding in november 1985 wandelde hij bijna dagelijks het gebouw van de Naval Intelligence Command uit met een tas vol top secret documenten.

De Amerikaanse overheid schat dat hij ruim een miljoen stukken aan de Israëliërs heeft overhandigd. Een van de stukken was het tiendelige boekwerk Radio-Signal Notations (RASIN), een gedetailleerde beschrijving van het netwerk van de wereldwijde elektronische observatie door de Amerikanen.

Pollard onderzocht

Capturing Jonathan Pollard werd in 2006 door de Naval Institue Press gepubliceerd. Het boek is van de hand van Ronald Olive, destijds werkzaam voor de Naval Criminal Investigative Service (NCIS). Als medewerker van de NCIS kreeg Olive in 1985 de taak om te onderzoeken of Pollard geheime stukken lekte.

Het onderzoek volgde op een tip van een medewerker van de Anti-Terrorism Alert Center (ATAC) van de NIS, de afdeling waar Pollard werkte. Deze man zag Pollard het gebouw uitlopen met een stapel papier. De stapel was verpakt in bruin inpakpapier en tape met de code TS/SCI, Top Secret/Sentive Compartmented Information. TS/SCI is een nog zwaardere kwalificatie als top secret.

Pollard stapte met de stukken bij zijn vrouw Ann in de auto. Nog even dacht zijn collega dat Pollard naar een andere inlichtingendienst, zoals de DIA (Defense Intelligence Service) zou rijden om daar de documenten af te geven. Dit leek onwaarschijnlijk omdat Pollard eerder tegen hem had gezegd dat hij verkeerde documenten had besteld bij het ‘archief’ en dat hij deze nu moest terugbrengen en vernietigen. Pollard en Ann reden echter een geheel andere kant op.

Olive beschrijft vervolgens de ontmaskering van Jonathan en Ann. In Pollards werkruimte wordt een camera opgehangen die registreert hoe de spion een aktetas vol TS/SCI documenten propt en het gebouw verlaat. Pollard en zijn vrouw ruiken onraad en proberen de sporen van spionage te wissen. Ann moet een koffer vol super geheime documenten, die in hun huis liggen, vernietigen. Zij raakt in paniek en de koffer belandt bij de buren.

Gevoelige snaar

Het boek van Ronald Olive is nog even actueel als het eerste boek dat over deze spionagezaak is verschenen in 1989, Territory of Lies: The American Who Spied on His Country for Israel and How He Was Betrayed.

Begin dit jaar wordt een petitie, ondertekend door meer dan 10.000 Israëliërs, aan de Israëlische president Shimon Peres gezonden. Hierin roepen politici, kunstenaars en andere bekende en onbekende Israëliërs de president op om Pollard vrij te krijgen. Op 1 september 2010 berichtte de LA Times zelfs dat de vrijlating van Pollard de bevriezing van de bouw van Israëlische nederzettingen in de bezette gebieden zou verlengen.

Pollard raakt kennelijk een gevoelige snaar, zowel in Israël als in de Verenigde Staten. Schrijver Olive op zijn beurt bevindt zich in een gezelschap van allerlei mensen die er voor ijveren om de spion zijn gehele leven achter slot en grendel te houden, hoewel levenslang in de Verenigde Staten niet echt levenslang hoeft te zijn. Bij goed gedrag kunnen gevangenen na dertig jaar vrijkomen.

In 1987 werd Pollard veroordeeld tot levenslang na een schuldbekentenis en toezegging dat hij de Amerikaanse overheid zou helpen bij het in kaart brengen van de schade die hij door zijn spionage-activiteiten had veroorzaakt. Die schade werd door de toenmalige minister van Defensie Casper Weinberger vastgelegd in een memorandum van 46 pagina’s, welke nog steeds niet openbaar is gemaakt. Pollard’s vrouw kreeg vijf jaar gevangenisstraf voor het in bezit hebben van staatsgeheime documenten.

Capturing Jonathan Pollard is geen spannend fictie / non-fictie boek met een twist, zoals Spywars van Bagley. Olive beschrijft droog het leven van de spion vanaf het moment dat hij bij de CIA solliciteert, tot aan de dag van zijn veroordeling. Natuurlijk is de schrijver begaan met de geheimhouding van Amerikaanse strategische informatie en verbaast het niet dat hij bij het verschijnen van het boek in 2006 een pleidooi hield om Pollard niet vrij te laten.

Niet kieskeurig

Hoewel de volle omvang van het lekken van Pollard niet duidelijk wordt beschreven, blijkt dat Pollard niet bepaald kieskeurig was. De Israëliërs hadden hem lijsten meegegeven van wat zij graag wilden hebben, vooral informatie over het Midden-Oosten, maar ook over de Russen en operaties van de Amerikanen in het Middellandse Zee gebied.

Zodra Pollard echter stukken langs ziet komen die ook voor andere landen interessant zouden kunnen zijn, probeert hij ook daar te winkelen. Zo poogt hij geheime documenten aan de Chinezen, Australiërs, Pakistani en de Zuid-Afrikanen, maar ook aan buitenlandse correspondenten te slijten.

Het gegeven dat landen elkaars strategische informatie en geheimen proberen te stelen, is niet nieuw. Het bestaan van contra-spionage afdelingen toont aan dat geheime diensten daar zelf ook rekening mee houden. De Australiërs dachten dan ook dat Pollard onderdeel uitmaakte van een CIA-operatie. Hoewel ze dat eigenlijk niet konden geloven, vermeed hun medewerker Pollard en werd de zaak niet gemeld bij Amerikaanse instanties.

Als onderdeel van thrillers en spannende lectuur zijn de spionage praktijken van Pollard, zoals Olive die beschrijft, niet bijster interessant, want het leidt af van waar het werkelijk om draait. Daarentegen is het boek van grote waarde waar het gaat om de beschrijving van de persoon Pollard, de wijze waarop hij kon spioneren, zijn werkomgeving, de blunders die worden gemaakt – niet alleen het aannemen en overplaatsen van Pollard, maar ook de wijze waarop geheimen zo eenvoudig kunnen worden gelekt – eigenlijk de totale bureaucratie die de wereld van inlichtingendiensten in zijn greep heeft.

Hoewel deze persoonlijke en bureaucratische gegevens niet breed worden uitgemeten – Olive is zelf een voormalig inlichtingenman – verschaft het boek een veelheid aan informatie daarover. De schrijver lijkt die persoonlijke details specifiek aan Pollard te koppelen, alsof het niet voor andere medewerkers zou gelden.

Opschepper

Dit gaat ook op ook voor de gemaakte fouten van de bureaucratie rond de carrière van de spion. Zo lijkt Pollard van jongs af aan een voorliefde te hebben gehad om spion te worden, of in ieder geval iets geheims te willen doen in zijn leven. Tijdens zijn studie schept hij erover op dat hij voor de Mossad zou werken en had gediend in het Israëlische leger. Zijn vader zou ook voor de CIA werkzaam zijn.

Aan deze opschepperij verbindt Olive een psychologisch element. Het zou een soort compensatie zijn voor de slechte jeugd van Pollard die vaak zou zijn gepest. Ook zijn vrouw zou niet bij hem passen omdat die te aantrekkelijk is. Pollard moet dat compenseren door stoer te doen. Later, toen hij voor een inlichtingendienst werkte, voelde hij zich opnieuw het buitenbeentje. Zijn carrière verliep alles behalve vlekkeloos, regelmatig werd hij op een zijspoor gezet.

Olive schetst een beeld van een verwend kind, dat niet op juiste waarde werd ingeschat en stoer wilde doen. Was Pollard echter zoveel anders dan zijn voormalige collega analisten of medewerkers van de inlichtingendienst? Werken voor een inlichtingendienst vereist een zekere mate van voyeurisme, een gespleten persoonlijkheid. Buiten je werk om kun je niet vrijelijk praten over datgene waar je mee bezig bent.

Dat doet wat met je psyche, maar trekt ook een bepaald soort mensen aan. Het werk betreft namelijk niet het oplossen van misdrijven, maar het kijken in het hoofd van mogelijke verdachten. Het BVD-dossier van oud-provo Roel van Duin laat zien dat een dienst totaal kan ontsporen door zijn eigen manier van denken. Dat komt echter niet voort uit de dienst als abstracte bureaucratie, maar door toedoen van de mensen die er werken.

Roekeloos

Pollard gedroeg zich arrogant en opschepperig, misschien wel om zijn eigen onzekerheid te maskeren. Dergelijk gedrag wordt door de schrijver verbonden aan zijn spionage-activiteiten voor de Israëliërs. Pollard was echter niet getraind in het lekken van documenten en ging verre van zorgvuldig te werk. Hij deed het zo openlijk dat het verbazingwekkend is dat het zo lang duurde voordat hij tegen de lamp liep. Hij zei bijvoorbeeld tegen de Israëliërs dat zij alleen de TS/SCI documenten moesten kopiëren en dat ze de rest mochten houden.

In de loop van de anderhalf jaar dat hij documenten naar buiten smokkelde, werd hij steeds roekelozer. Dat hij gespot werd met een pak papier onder zijn arm terwijl hij bij zijn vrouw in de auto stapte, was eerder toeval dan dat het het resultaat was van grondig speurwerk van de NCIS.

Eenmaal binnenin het inlichtingenbedrijf zijn de mogelijkheden om te lekken onuitputtelijk. Als Pollard wel getraind was geweest en zorgvuldiger te werk was gegaan, dan had hij zijn praktijk eindeloos kunnen voorzetten. Welke andere ‘agenten’ doen dat wellicht nog steeds? Of welke andere medewerkers waren minder roekeloos en tevreden geweest met het lekken van enkele documenten?

Die medewerkers vormen gezamenlijk het systeem van de dienst. Pollard schepte graag op, maar de schrijver van Spy Wars, Bagley, klopte zich ook graag op de borst en, hoewel in mindere mate, Ronald Olive ook. Iets dat eigenlijk vreemd is, als het aantal blunders in ogenschouw wordt genomen nadat Pollard ontdekt was. Alleen omdat de Israëliërs Pollard de toegang tot de diplomatieke vestiging ontzegden, zorgde ervoor dat hij alsnog gearresteerd en levenslang kreeg in de VS. Hij was echter bijna ontsnapt.

Blunders

Het is daarom niet gek dat inlichtingendiensten een gebrek aan bescheidenheid vertonen. Vele aanslagen zijn voorkomen, wordt vaak beweerd, maar helaas kunnen de diensten geen details geven. Het klinkt als Pollard, op bezoek bij Olive, die breed uitmeet dat hij die en die kent op de Zuid-Afrikaanse ambassade en of hij die moet werven als spion. Olive was werkzaam voor de NCIS. Pollard bezocht hem voordat hij werd ontmaskerd. Zijn eigen gebrek aan actie in relatie tot de twijfels over Pollard toont aan dat geen enkel bureaucratisch systeem perfect is, ook niet dat van inlichtingendiensten.

Het is niet verbazingwekkend dat de carrière van Pollard bezaaid is met blunders. Hij werd dan wel afgewezen door de CIA, maar waagde vervolgens een gokje bij een andere dienst en had geluk. Hij werd bij de NIS aangenomen en kroop zo langzaamaan in de organisatie. De fouten die bij het aannamebeleid en bij de evaluaties van Pollard zijn gemaakt, worden door Olive gepresenteerd als op zichzelf staand, maar de hoeveelheid blunders en gebrekkige administratie lijken zo talrijk dat het geen toevalstreffers zijn.

Bij elke promotie of overplaatsing lijkt slechts een deel van zijn persoonsdossier hem te volgen. De NIS wist vanaf het begin niet dat Pollard eerder door de CIA werd afgewezen. Als zijn toegang tot geheime documenten wordt ingetrokken, wacht Pollard net zo lang tot bepaalde medewerkers zijn overgeplaatst of vertrokken. Hij wordt dan wel afgeschilderd als een verwend kind dat met geheimen speelt, regelmatig moet Olive echter toegeven dat Pollard een briljant analist is. Pas in de laatste maanden van zijn spionage-activiteiten, lijdt zijn werk onder de operatie om zoveel mogelijk documenten naar buiten te smokkelen.

Waarom Pollard de Amerikaanse overheid schade toebracht, wijdt Olive vooral aan zijn joodse afkomst. Niet dat de schrijver alle joodse Amerikanen verdenkt, maar een belangrijke reden voor het fanatiek lekken wordt verklaard aan de hand van Pollard’s wens om naar Israël te emigreren. Olive gaat echter voorbij aan het geld dat de spion aan zijn activiteiten verdiende. Aanvankelijk 1.500 dollar per maand, na een paar maanden 2.500 en twee volledig verzorgde reizen met zijn vrouw naar Europa en Israël en tot slot een Zwitserse bankrekening met jaarlijks een bonus van 30.000 dollar.

Los van de Zwitserse rekening schat de Amerikaanse overheid dat Pollard rond de 50.000 dollar aan zijn spionagewerk heeft overgehouden. Eigenlijk niet eens veel in vergelijking met de één miljoen documenten die hij leverde. De onderhandelingen over het geld maken echter duidelijk dat Pollard wel degelijk geïnteresseerd was om zoveel mogelijk te verdienen. De prijs werd gedrukt omdat de Israëliërs niet erg toeschietelijk waren en Pollard ze sowieso wilde helpen.

Afkomst

Zijn joodse afkomst zat hem in de weg, want waarschijnlijk had hij alleen al voor het tiendelige boekwerk Radio-Signal Notations (RASIN) 50.000 dollar kunnen krijgen. Uiteindelijk blijkt Pollard een gewoon mens die de verlokking van het geld niet kon weerstaan. Andere agenten zijn hem voorgegaan en hebben zijn voorbeeld gevolgd.

Het nadeel van zijn afkomst blijkt ook uit het feit dat hij zijn Israëlische runner een ‘cadeautje’ gaf. Aviem Sella had mee gevochten in de zesdaagse Yom Kippur oorlog en was een van de piloten die de Iraakse kernreactor in Osirak bombardeerde. Pollard gaf hem destijds satellietbeelden van die aanval. Sella wordt nog steeds gezocht voor Verenigde Staten voor spionage.

De operatie werd door een andere veteraan, Rafi of Rafael Eitan, geleid. Onder diens leiding spoorde de Mossad Adolf Eichmann op. Eitan en Sella werden rijkelijk beloond voor hun werk met Pollard, maar moesten hun promoties inleveren omdat de Amerikanen eind jaren ’80 furieus reageerden. Na de arrestatie van Pollard beweerden de Israëliërs dat ze helemaal niet zoveel documenten hadden gekregen van de spion en de onderhandelingen over teruggave uiterst stroef waren verlopen.

Uiteindelijk werd maar een fractie van de documenten teruggegeven aan de Amerikanen. De Israëliërs waren vooral bezig om na zijn veroordeling Pollard vrij te krijgen. Premier Nethanyahu sprak vorig jaar de Knesset toe over het lot van Pollard, terwijl de Israëlische ambassadeur in de VS hem juli 2011 bezocht in de gevangenis.

Tot nu toe lijken de Amerikanen niet van zins om hem vrij te laten. Na de veroordeling van Pollard kwam de campagne Free Pollard op gang. Zijn vrouw verdween uit beeld. Niet alleen Israëliërs nemen deel aan de campagne, maar ook Alan Dershowitz, professor aan de Harvard Law School en andere academici. In het laatste hoofdstuk More sinned against than sinning beschrijft Olive enkele andere spionnen die documenten verkochten aan buitenlandse mogendheden.

Capturing Jonathan Pollard was nog niet gepubliceerd toen de stroom Wikileaks-documenten op gang kwam. Die documenten laten echter zien dat een waterdicht systeem niet bestaat en dat mensen voor geld of om andere redenen geheime stukken lekken. De Wikileaks-documenten onderstrepen dat er sinds de jaren ’80 weinig is veranderd. Met als enige verschil de hardvochtige wijze waarop verdachte Manning in deze zaak wordt behandeld en de gebrekkige aandacht die hij krijgt van professoren en andere betrokkenen bij de Wikileaks-documenten.

Capturing Jonathan Pollard: How One of the Most Notorious Spies in American History Was Brought to Justice. Auteur Ronald J. Olive. Uitgeverij US Naval Institute Press (2006).

Find this story at 19 June 2012

Van nieuwsblog.burojansen.nl

Earlier this year, during a security sweep, Kaspersky Lab detected a cyber-intrusion affecting several of our internal systems.

Following this finding, we launched a large scale investigation, which led to the discovery of a new malware platform from one of the most skilled, mysterious and powerful groups in the APT world – Duqu. The Duqu threat actor went dark in 2012 and was believed to have stopped working on this project – until now. Our technical analysis indicates the new round of attacks include an updated version of the infamous 2011 Duqu malware, sometimes referred to as the stepbrother of Stuxnet. We named this new malware and its associated platform “Duqu 2.0”.

Some of the new 2014-2015 Duqu infections are linked to the P5+1 events and venues related to the negotiations with Iran about a nuclear deal. The threat actor behind Duqu appears to have launched attacks at the venues for some of these high level talks. In addition to the P5+1 events, the Duqu 2.0 group has launched a similar attack in relation to the 70th anniversary event of the liberation of Auschwitz-Birkenau.

In the case of Kaspersky Lab, the attack took advantage of a zero-day in the Windows Kernel, and possibly up to two other, currently patched vulnerabilities, which were zero-day at that time. The analysis of the attack revealed that the main goal of the attackers was to spy on Kaspersky Lab technologies, ongoing research and internal processes. No interference with processes or systems was detected. More details can be found in our technical paper.

From a threat actor point of view, the decision to target a world-class security company must be quite difficult. On one hand, it almost surely means the attack will be exposed – it’s very unlikely that the attack will go unnoticed. So the targeting of security companies indicates that either they are very confident they won’t get caught, or perhaps they don’t care much if they are discovered and exposed. By targeting Kaspersky Lab, the Duqu attackers probably took a huge bet hoping they’d remain undiscovered; and lost.

At Kaspersky Lab, we strongly believe in transparency, which is why we are going public with this information. Kaspersky Lab is confident that its clients and partners are safe and that there is no impact on the company’s products, technologies and services.

By GReAT on June 10, 2015. 12:00 pm

Find this story at 10 June 2015

© 2015 AO Kaspersky Lab.

Van nieuwsblog.burojansen.nl

If more evidence was needed to show that the relationship between Benjamin Netanyahu and Barack Obama has morphed from tragedy to farce, it came late Monday with the revelation that Israel had spied on the nuclear talks between the United States and Iran.

“The White House discovered the operation,” according to the blockbuster account by Adam Entous in The Wall Street Journal, “when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said.”

Talk about spy vs. spy, the old Mad magazine trope featuring two pointy-nosed, masked cartoon creatures. The National Security Agency, eavesdropping on Israeli officials (as usual, according to the revelations of Edward Snowden), overheard them discussing intelligence their own spies had gathered by spying on U.S. officials talking about the Iran negotiations.

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This was a whole new level of gamesmanship between the two bickering allies.

“It’s one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” an unnamed “senior U.S. official” told the Journal.

Officials in Jerusalem issued emphatic denials, as they did last year when Newsweek reported on Israeli espionage against the U.S., saying that “Israel does not spy on the United States, period, exclamation mark,’’ as Yuval Steinitz, minister for intelligence and strategic affairs, told Israel Radio on Tuesday.

Of course, Israel does spy on the U.S., and vice versa. In the age of cyberwar, electronic spying runs on autopilot, with state-of-the-art Pac-Mans zooming around the Internet gobbling up anything with the right keyword. Anybody with an antenna (or a keyboard) spies on whoever is seen as the remotest threat, including friends. Or as the Journal put it, “While U.S. officials may not be direct targets…Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran.”

And how did the Israelis intercept conversations between officials in Tehran and Washington? In another comedic dimension to this latest spy flap, it turns out that “U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications,” the Journal reported.

In part, it’s an old story. Israel’s clandestine operations to steal U.S. scientific, technical, industrial and financial secrets are so commonplace here that officials in the Pentagon and FBI periodically verge into open revolt.

Last year, U.S. intelligence officials trooped up to Capitol Hill to tell U.S. lawmakers considering visa waivers for Israelis that Jerusalem’s spying here had “crossed red lines.” One congressional staffer who attended the behind-closed-doors briefings called the information “very sobering…alarming…even terrifying.” Another staffer called it “damaging.”

“We used to call the Israelis on the carpet once a year to tell them to cut it out, when a particular stunt was just too outrageous ” says a former top FBI counterintelligence official. “They’d make all the right noises and then go right back at it through another door.” But since Israel is such an important strategic ally of the U.S., it was a sin that could not be named. The standing order has always been to just suck it up.

Until this week. The accusations by the unnamed Obama administration officials marked a new frontier in calling out the Israelis—or at least Netanyahu’s right-wing administration.

Netanyahu had crossed some sort of red line again when, according to the Journal, his man in Washington began quietly sharing Israeli intelligence about the U.S. negotiating position with members of Congress, hoping to shore up support for its rejection of any deal with the Iranians short of a total nuclear capitulation on their part. But what seems to have pushed Obama officials over the edge was that Ambassador Ron Dermer, a former Republican operative who holds dual U.S.-Israeli citizenship, was wildly exaggerating what the U.S. position was, according to the Journal, making it sound like the White House had given away the store to the Iranians in a desperate effort to ink a deal.

Republican Representative Devin Nunes of California, chairman of the House Intelligence Committee, indicated he had indeed gotten a different view on Iran from sources outside the administration.

“As good as our intelligence community is, a lot of times we don’t even know what the Iranians are up to,” he told CNN. “So we were shocked at the disclosures that have come forward of the size and scope of the Iranian program even in the most recent years.”

One former U.S. intelligence operative with long, firsthand familiarity with Israeli operations called the revelation “appalling but not surprising,” especially under Netanyahu, whose governing coalition depends on the support of far-right Orthodox and ultra-Orthodox parties with a stake in the West Bank settlements.

“The fact that there is such manipulation of our institutions by a so-called ally must be exposed, and the ‘useful idiots’ in [the U.S.] government who toe the Likud line will someday be looked back upon as men and women who sacrificed the U.S. national interest for a foreign ideology—Likud right-wing Zionism,” the operative said, on condition of anonymity due to the sensitivity of the matter.

“We know publicly that the administration is seething,” he added, “but I can assure you that behind closed doors the gloves are coming off. Bibi is in the administration’s crosshairs. If this is what is being allowed to leak publicly, you can bet that, behind the scenes, folks both in the White House and the foreign policy-intel community [are prepared to] act on that anger.”

This is not the end of it, he predicted. The American Israel Public Affairs Committee (AIPAC), which critics say has morphed from a powerful “pro-Israel” lobby to a powerful pro-Likud lobby over the years, will be Obama officials’ next target.

“I’m betting there are going to be some willing leakers now about stories such as AIPAC’s operations against Congress,” the former operative said.

Bob Corker of Tennessee, the Republican chairman of the Senate Foreign Relations Committee, has no doubt that Obama administration officials made a calculated decision to call out Netanyahu, who has long been at odds with the White House on the Middle East peace process, Israeli settlements in the occupied West Bank and the Iranian nuclear talks.

“I think y’all all understand what’s happening here,” he told reporters. “I mean, you understand who’s pushing this out.”

But if Senator Tim Kaine, a Virginia Democrat, is any barometer, the Israelis have little to worry about.

“I just don’t look at that as spying,” Kaine said of the Journal’s allegations. “Their deep existential interest in such a deal, that they would try to figure out anything that they could, that they would have an opinion on it…I don’t find any of that that controversial.”

Jeff Stein writes SpyTalk from Washington, D.C. He can be reached more or less confidentially via spytalker@hushmail.com.

BY JEFF STEIN 3/25/15 AT 12:23 PM

Find this story at 25 March 2015

© 2015 NEWSWEEK LLC

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Israeli Prime Minister Benjamin Netanyahu yesterday vehemently denied a Wall Street Journal report, leaked by the Obama White House, that Israel spied on U.S. negotiations with Iran and then fed the intelligence to Congressional Republicans. His office’s denial was categorical and absolute, extending beyond this specific story to U.S.-targeted spying generally, claiming: “The state of Israel does not conduct espionage against the United States or Israel’s other allies.”

Israel’s claim is not only incredible on its face. It is also squarely contradicted by top-secret NSA documents, which state that Israel targets the U.S. government for invasive electronic surveillance, and does so more aggressively and threateningly than almost any other country in the world. Indeed, so concerted and aggressive are Israeli efforts against the U.S. that some key U.S. government documents — including the top secret 2013 intelligence budget — list Israel among the U.S.’s most threatening cyber-adversaries and as a “hostile” foreign intelligence service.

One top-secret 2008 document features an interview with the NSA’s Global Capabilities Manager for Countering Foreign Intelligence, entitled “Which Foreign Intelligence Service Is the Biggest Threat to the US?” He repeatedly names Israel as one of the key threats.

While noting that Russia and China do the most effective spying on U.S., he says that “Israel also targets us.” He explains that “A NIE [National Intelligence Estimate] ranked [Israel] as the third most aggressive intelligence service against the US.” While praising the surveillance relationship with Israel as highly valuable, he added: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel.” Specifically, the Israelis “target us to learn our positions on Middle East problems.”

Other NSA documents voice the grievance that Israel gets far more out of the intelligence-sharing relationship than the U.S. does. One top-secret 2007 document, entitled “History of the US – Israel SIGINT Relationship, post 1992,” describes the cooperation that takes place as highly productive and valuable, and, indeed, top-secret documents previously reported by The Intercept and the Guardian leave no doubt about the very active intelligence-sharing relationship that takes place between the two countries. Yet that same document complains that the relationship even after 9/11 was almost entirely one-sided in favor of serving Israeli rather than U.S. interests:

The U.S. perception of Israel as a threat as much as an ally is also evidenced by the so-called “black budget” of 2013, previously referenced by The Washington Post, which lists Israel in multiple places as a key intelligence “target” and even a “hostile foreign intelligence service” among several other countries typically thought of as the U.S.’s most entrenched adversaries:

The same budget document reveals that the CIA regards Israel — along with Russia, China, Iran, Pakistan and Cuba — as a “priority threat country,” one against which it “conduct[s] offensive [counter-intelligence] operations in collaboration with DoD”:

One particular source of concern for U.S. intelligence are the means used by Israel to “influence anti-regime elements in Iran,” including its use of “propaganda and other active measures”:

What is most striking about all of this is the massive gap between (a) how American national security officials talk privately about the Israelis and (b) how they have talked for decades about the Israelis for public consumption — at least until the recent change in public rhetoric from Obama officials about Israel, which merely brings publicly expressed American views more in line with how U.S. government officials have long privately regarded their “ally.” The NSA refused to comment for this article.

Previously reported stories on Israeli spying, by themselves, leave no doubt how false Netanyahu’s statement is. A Der Spiegel article from last fall revealed that “Israeli intelligence eavesdropped on US Secretary of State John Kerry during Middle East peace negotiations.” A Le Monde article described how NSA documents strongly suggest that a massive computer hack of the French presidential palace in 2012 was likely carried about by the Israelis. A 2014 article from Newsweek’s Jeff Stein revealed that when it comes to surveillance, “the Jewish state’s primary target” is “America’s industrial and technical secrets” and that “Israel’s espionage activities in America are unrivaled and unseemly.”

All of these stories, along with these new documents, leave no doubt that, at least as the NSA and other parts of the U.S. National Security State see it, Netanyahu’s denials are entirely false: The Israelis engage in active and aggressive espionage against the U.S., even as the U.S. feeds the Israelis billions of dollars every year in U.S. taxpayer funds and protects every Israeli action at the U.N. Because of the U.S. perception of Israel as a “threat” and even a “hostile” foreign intelligence service — facts they discuss only privately, never publicly — the U.S. targets Israel for all sorts of espionage as well.

Glenn Greenwald, Andrew Fishman
Mar. 25 2015, 8:06 p.m.

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Report: Obama Administration Has Stopped Sharing Intelligence With Israel on Iran’s Nuclear Program

The Obama administration has “unilaterally” and “completely” stopped sharing intelligence with Israel over Iran’s nuclear development program due to its anger over Israeli Prime Minister Benjamin Netanyahu’s Tuesday address to Congress, Israel’s Channel 10 reported, a charge the White House flatly denied.

“The U.S. unilaterally stopped all of its joint activity with Israel regarding the nuclearization of Iran,” the news show reported Monday night. This freeze in intelligence sharing was attributed to the “American anger” at Netanyahu.

White House national security spokeswoman Bernadette Meehan told TheBlaze in an email, “the report is completely false.”

In this Oct. 26, 2010 file photo, a worker rides a bicycle in front of the reactor building of the Bushehr nuclear power plant, just outside the southern city of Bushehr, Iran. (AP Photo/Mehr News Agency, Majid Asgaripour, File)

On Sunday, one day before the Channel 10 report, Secretary of State John Kerry touted the close security relationship with Israel in an interview with ABC’s “This Week.”

“We have a closer relationship with Israel right now, in terms of security, than at anytime in history,” Kerry said.

To make up for the gap, Israel is cooperating with other countries, not the U.S., to collect intelligence on Iran’s nuclear program. Past joint efforts by American and Israeli intelligence have helped the International Atomic Energy Agency monitor Iran’s nuclear progress, which is suspected of ultimately being aimed at the development of weapons.

Those IAEA reports raising suspicions about the objectives of Iran’s nuclear program have been the cornerstone of the case to convince the international community to impose sanctions on the Islamic Republic.

Netanyahu was in Washington to warn lawmakers of the dangers of the emerging deal currently being negotiated between Iran and six world powers, including the U.S. Media reports have said the framework being worked out would monitor Iranian nuclear progress for only 10 years.

An unnamed senior aide to Netanyahu told reporters traveling on Netanyahu’s plane Sunday that the Obama administration was not fully sharing details with Congress about the negotiations.

The State Department on Monday warned Netanyahu against disclosing those details to Congress.

“We’ve continuously provided detailed classified briefings to Israeli officials to keep them updated and to provide context for how we are approaching getting to a good deal, because we’ve been very clear we will not accept a bad deal,” State Department spokeswoman Marie Harf said. “So any release of any kind of information like that would, of course, betray that trust.”

Channel 10 also reported that in addition to refusing to meet the Israeli leader, Obama had no plans to phone him while he’s in town either.

The Jerusalem Post reported that the prime minister’s office would not comment on the Channel 10 report.

Sharona Schwartz
The Blaze
March 3, 2015

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A sensitive leak investigation of a former vice chairman of the Joint Chiefs of Staff has stalled amid concerns that a prosecution in federal court could force the government to confirm a joint U.S.-Israeli covert operation targeting Iran, according to current and former U.S. officials.

Federal investigators suspect that retired Marine Gen. James E. “Hoss” Cartwright leaked to a New York Times reporter details about a highly classified operation to hobble Iran’s nuclear enrichment capability through cyber-sabotage — an effort not acknowledged by Israel or the United States.

Prosecutors will have to overcome significant national security and diplomatic concerns if they want to move forward, including pitting the Obama administration against Israel if that ally were opposed to any information about the cyber-operation being revealed in court.

The United States could move forward with the case against Israel’s ­wishes, but such a move might further harm relations between two countries, which are already frayed because of a disagreement over how best to prevent Iran from obtaining nuclear weapons.

Administration officials also fear that any revelations could complicate the current negotiations with Iran over its nuclear program.

“There are always legitimate national security reasons for not proceeding in one of these ­cases,” said John L. Martin, who handled many sensitive espionage investigations as a former Justice Department prosecutor.

The case captures the tension between national security concerns and the desire of prosecutors to hold high-ranking officials to account for leaking classified secrets. The Obama administration has been the most aggressive in U.S. history in pursuing those suspected of leaking classified information.

The Justice Department has offered no clues to whether it intends to proceed with a case against Cartwright, who helped design the cyber-campaign against Iran under President George W. Bush and was involved in its escalation under President Obama.

Spokesmen for the Justice Department, the White House and the FBI declined to comment for this article.

Gregory B. Craig, Cartwright’s attorney and a former White House counsel in the Obama administration, said he has had no contact with prosecutors for more than a year.

“General Cartwright has done nothing wrong,” Craig said. “He has devoted his entire life to defending the United States. He would never do anything to weaken our national defense or undermine our national security. Hoss Cartwright is a national treasure, a genuine hero and a great patriot.”

In discussions with the office of the White House counsel, then led by Kathryn Ruemmler, prosecutors sought to determine whether the White House would be willing to declassify material important to the case. Ruemmler was unwilling to provide the documentation, citing security concerns, including those relating to sources­ and methods, said a person familiar with the matter.

Ruemmler, who left the post in June, declined to comment.

“There’s a fundamental tension in cases­­ like this between the needs of a criminal prosecution and the needs of national security,” said Jason Weinstein, a former deputy assistant attorney general in charge of the Justice Department’s Criminal Division, who was not briefed on the investigation. “Where that comes to a head is when prosecutors want to use evidence in a courtroom that is highly classified and very sensitive.”

It is often the case that the needs of a particular criminal prosecution yield to national security interests. “At the end of the day,” Weinstein said, “if you can’t use the evidence you need in court, you can’t bring the case.”

Details of the joint program, including its code name, Olympic Games, were revealed by Times reporter David E. Sanger in a book and article in June 2012. The sabotage of Iranian nuclear centrifuges by the computer worm dubbed Stuxnet had emerged two years earlier, and security experts speculated that it was the work of the United States and Israel.

Confirmation of the joint authorship set off a political controversy, with congressional Republicans charging that the White House had deliberately leaked information to enhance Obama’s national security credentials as he sought reelection.

Attorney General Eric H. Holder Jr. assigned Rod J. Rosenstein, the U.S. attorney for Maryland, to investigate the leak. His office declined to comment.

FBI investigators focused on Cartwright in the fall of 2012, officials said. They interviewed him at least twice, according to people who are familiar with the case and who spoke on the condition of anonymity because of the sensitivity of the investigation. During the first interview, Cartwright had to go to the hospital.

Part of the challenge of preparing a case like this is determining to what extent authorities who control the declassification of information, in this case the White House and the intelligence community, are willing to divulge information.

In the case of a CIA officer who was recently convicted of espionage, the government disclosed sensitive details during the leak trial about a separate operation to sabotage Iran’s nuclear program that occurred more than a decade ago. The CIA even allowed a Russian scientist who had defected and taken part in the highly classified operation to testify.

“The government’s got to make a choice: Is it more important to prosecute a national security leak or more important to preserve relationships with allies and shield sources­ and methods that protect the country?” said one individual familiar with the matter.

The case also poses opportunities for “graymail” — a situation in which defense attorneys exercise leverage that lawyers in ordinary criminal cases­ lack by forcing prosecutors to make tough judgment calls about divulging sensitive or classified information.

Craig might, for instance, push for broad discovery of information aimed at demonstrating that other officials could have been sources­ of the leak. Experts say he also could press to establish the factual basis for the information leaked, which could expose sensitive material.

Cartwright, who retired in 2011, had White House authorization to speak with reporters, according to people familiar with the matter. Craig might try to put the White House’s relationship with reporters and the use of authorized leaks on display, creating a potentially embarrassing distraction for the administration.

The case could remain open beyond the point at which national security and foreign policy concerns are an issue. Under the Espionage Act, one of the statutes that the government probably would use, prosecutors have 10 years from the date of the alleged crime to file charges.

Sari Horwitz contributed to this report.
By Ellen Nakashima and Adam Goldman March 10

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WASHINGTON — IN Moscow this summer, while reporting a story for Wired magazine, I had the rare opportunity to hang out for three days with Edward J. Snowden. It gave me a chance to get a deeper understanding of who he is and why, as a National Security Agency contractor, he took the momentous step of leaking hundreds of thousands of classified documents.

Among his most shocking discoveries, he told me, was the fact that the N.S.A. was routinely passing along the private communications of Americans to a large and very secretive Israeli military organization known as Unit 8200. This transfer of intercepts, he said, included the contents of the communications as well as metadata such as who was calling whom.

Typically, when such sensitive information is transferred to another country, it would first be “minimized,” meaning that names and other personally identifiable information would be removed. But when sharing with Israel, the N.S.A. evidently did not ensure that the data was modified in this way.

Mr. Snowden stressed that the transfer of intercepts to Israel contained the communications — email as well as phone calls — of countless Arab- and Palestinian-Americans whose relatives in Israel and the Palestinian territories could become targets based on the communications. “I think that’s amazing,” he told me. “It’s one of the biggest abuses we’ve seen.”

It appears that Mr. Snowden’s fears were warranted. Last week, 43 veterans of Unit 8200 — many still serving in the reserves — accused the organization of startling abuses. In a letter to their commanders, to Prime Minister Benjamin Netanyahu and to the head of the Israeli army, they charged that Israel used information collected against innocent Palestinians for “political persecution.” In testimonies and interviews given to the media, they specified that data were gathered on Palestinians’ sexual orientations, infidelities, money problems, family medical conditions and other private matters that could be used to coerce Palestinians into becoming collaborators or create divisions in their society.

The veterans of Unit 8200 declared that they had a “moral duty” to no longer “take part in the state’s actions against Palestinians.” An Israeli military spokesman disputed the letter’s overall drift but said the charges would be examined.

It should trouble the American public that some or much of the information in question — intended not for national security purposes but simply to pursue political agendas — may have come directly from the N.S.A.’s domestic dragnet. According to documents leaked by Mr. Snowden and reported by the British newspaper The Guardian, the N.S.A. has been sending intelligence to Israel since at least March 2009.

The memorandum of agreement between the N.S.A. and its Israeli counterpart covers virtually all forms of communication, including but not limited to “unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.” The memo also indicates that the N.S.A. does not filter out American communications before delivery to Israel; indeed, the agency “routinely sends” unminimized data.

Although the memo emphasizes that Israel should make use of the intercepts in accordance with United States law, it also notes that the agreement is legally unenforceable. “This agreement,” it reads, “is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law.”

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What type of information could be used against a palestinian to force him/her to collaborate? Homosexuality? Adultery? Premarital sex?…
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Very romantic to ignore that ugly breeds ugly, especially from a journalist of Mr Bamford’s age and experience. If anything, only…
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Clearly, there are thousands of ways to abuse private information collected on people. This is one of many, and this is why folks like…
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It should also trouble Americans that the N.S.A. could head down a similar path in this country. Indeed, there is some indication, from a top-secret 2012 document from Mr. Snowden’s leaked files that I saw last year, that it already is. The document, from Gen. Keith B. Alexander, then the director of the N.S.A., notes that the agency had been compiling records of visits to pornographic websites and proposes using that information to damage the reputations of people whom the agency considers “radicalizers” — not necessarily terrorists, but those attempting, through the use of incendiary speech, to radicalize others. (The Huffington Post has published a redacted version of the document.)

In Moscow, Mr. Snowden told me that the document reminded him of the F.B.I.’s overreach during the days of J. Edgar Hoover, when the bureau abused its powers to monitor and harass political activists. “It’s much like how the F.B.I. tried to use Martin Luther King’s infidelity to talk him into killing himself,” he said. “We said those kinds of things were inappropriate back in the ’60s. Why are we doing that now? Why are we getting involved in this again?”

It’s a question that American and Israeli citizens should be asking themselves.

James Bamford is the author of three books on the National Security Agency, including “The Shadow Factory: The Ultra-Secret N.S.A. from 9/11 to the Eavesdropping on America.”

By JAMES BAMFORDSEPT. 16, 2014

Find this story at 16 September 2014

© 2015 The New York Times Company

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New information indicates that Israeli intelligence eavesdropped on telephone conversations by US Secretary of State John Kerry. Sources told SPIEGEL the government then used the information obtained from the calls during negotiations in the Mideast conflict.

SPIEGEL has learned from reliable sources that Israeli intelligence eavesdropped on US Secretary of State John Kerry during Middle East peace negotiations. In addition to the Israelis, at least one other intelligence service also listened in as Kerry mediated last year between Israel, the Palestinians and the Arab states, several intelligence service sources told SPIEGEL. Revelations of the eavesdropping could further damage already tense relations between the US government and Israel.

During the peak stage of peace talks last year, Kerry spoke regularly with high-ranking negotiating partners in the Middle East. At the time, some of these calls were not made on encrypted equipment, but instead on normal telephones, with the conversations transmitted by satellite. Intelligence agencies intercepted some of those calls. The government in Jerusalem then used the information obtained in international negotiations aiming to reach a diplomatic solution in the Middle East.

In the current Gaza conflict, the Israelis have massively criticized Kerry, with a few ministers indirectly calling on him to withdraw from peace talks. Both the US State Department and the Israeli authorities declined to comment.

Only one week ago, Kerry flew to Israel to mediate between the conflict parties, but the Israelis brusquely rejected a draft proposal for a cease-fire. The plan reportedly didn’t include any language demanding that Hamas abandon its rocket arsenal and destroy its tunnel system. Last year, Kerry undertook intensive diplomatic efforts to seek a solution in the conflict between the Israelis and the Palestinians, but they ultimately failed. Since those talks, relations between Kerry and Israeli Prime Minister Benjamin Netanyahu have been tense.

Still, there are no doubts about fundamental support for Israel on the part of the United States. On Friday, the US Congress voted to help fund Israel’s “Iron Dome” missile defense system to the tune of $225 million (around €168 million).

Find this story at 3 August 2014

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(U) Introduction
(TS//N F) NSA maintains a far-reaching technical and analytic relationship with the
Israeli SIGINT National Unit (ISNU) sharing information on access, intercept, targeting,
language, analysis and reporting. This SIGINT relationship has increasingly been the
catalyst for a broader intelligence relationship between the United States and Israel.
Significant changes in the way NSA and ISNU have traditionally approached SIGINT
have prompted an expansion to include other Israeli and U.s. intelligence organizations
such as CIA, Mossad, and Special Operation Division (SOD).
(U) Key Issues
(TS//SI//N F) The single largest exchange between N SA and ISN U is on targets in the
Middle East which constitute strategic threats to U.s. and Israeli interests. Building
upon a robust analytic exchange, NSA and ISNU also have explored and executed
unique opportunities to gain access to high priority targets. The mutually agreed upon
geographic targets include the countries of North Africa, the Middle East, the Persian
Gulf, South Asia, and the Islamic republics of the former Soviet Union. Within that set of
countries, cooperation covers the exploitation of internal governmental, military, civil,
and diplomatic communications; and external security/intelligence organizations.
Regional Weapons of Mass Destruction Proliferation and “Stateless”/lnternational
Terrorism comprise the exchanged transnational target set. A dedicated
communications line between NSA and ISN U supports the exchange of raw material, as
well as daily analytic and technical correspondence. Both N SA and ISN U have liaison
officers, who conduct foreign relations functions, stationed at their respective
embassies.
(TS//REL TO USA, ISR) What NSA Provides to ISNU
(TS//SI//REL TO USA, ISR) The Israeli side enjoys the benefits of expanded geographic
access to world-class NSA cryptanalytic and SIGINT engineering expertise, and also
gains controlled access to advanced U.s. technology and equipment via
accommodation buys and foreign military sales.
(TS//REL TO USA, ISR) What ISNU Provides to NSA
(TS//SI//RE L TO USA, ISR) Benefits to the U.s. include expanded geographic access to
high priority SIGINT targets, access to world-class Israeli cryptanalytic and SIGINT
engineering expertise, and access to a large pool of highly qualified analysts.
Derived From: NSA/CSSM 1-52
Dated: 20070108
Declassify On: 20371101
TOP SECRET//SI//NOFORN
TOP SECRET//SII/NOFORN
(U) Success Stories _
(TS//SI//REL TO USA, ISR) A key priority for ISN U is the Iranian nuclear development
program, followed by Syrian nuclear efforts, Lebanese Hizballah plans and intentions,
Palestinian terrorism, and Global Jihad. Several recent and successful joint operations
between N SA and IS N U have broadened both organizations’ ability to target and exploit
Iranian nuclear efforts. In addition, a robust and dynamic cryptanalytic relationship has
enabled breakthroughs on high priority Iranian targets.
(TS//REL TO USA, ISR) NSA and ISNU continue to initiate joint targeting of Syrian and
Iranian leadership and nuclear development programs with CIA, ISNU, SOD and
Massad. This exchange has been particularly important as unrest in Syria continues,
and both sides work together to identify threats to regional stability. N SA’s cyber
partnerships expanded beyond IS N U to include Israeli Defense Intelligence’s soD and
Massad, resulting in unprecedented access and collection breakthroughs that all sides
acknowledge would not have been possible to achieve without the others.
(TS//SI//N F) In July 2012, the Office of the Director of N ationallntelligence (ODN I)
provided guidance for expanded sharing with the GOI (Government of Israel) on Egypt.
This approval has allowed N SA to task for ISN U on select strategic issues, specifically
terrorist elements in the Sinai.
(S//N F) Beyond the traditional SIGI NT relationship, N SA and ISN U signed a M 0 U in
September 2011 providing for Information Assurance/Computer Network Defense
collaboration. N SA’s Information Assurance Deputy Director anended an lAIC N D
conference in Tel Aviv in January 2012 during which N SA and ISN U established
objectives for the relationship. NSA intends to focus the collaboration on cyber threats
from Iran, H izballah and other regional actors and may provide limited, focused support
on specific Russian and Chinese cyber threats. Conferences to further develop this
partnership were held in May 2012 and December 2012.
(TS//SI//REL TO USA, ISR) NSA and ISNU led their communities in the establishment
of U.s. – Israeli Intelligence Community VTC connectivity that allows both sides to
broaden and accelerate the pace of collaboration against targets’ use of advanced
telecommunications. Target sets include, but are not limited to Iran Nuclear, Syrian
Foreign Fighter movements, Lebanese Hizballah and Iranian Revolutionary Guard
Corps activities. Dialogue is ongoing, with each potential new intelligence or technology
initiative considered for approval individually.
(U) Problems/Challenges
(TS//N F) The three most common concerns raised by ISN U regarding the partnership
with NSA is NSA’s reluctance to share on technology that is not directly related to a
specific target, ISN U’s perceived reduction in the amount and degree of cooperation in
certain areas, and the length of time NSA takes to decide on ISN U proposals. Efforts in
these three areas have been addressed with the partner and NSA continues to work to
TOP SECRET//SI//NOFORN 2
TOP SECRET//SII/NOFORN
increase cooperation with IS N U, where appropriate and mindful of U.s. policy and
equity concerns.
(U//FOUO) Updated by:
Country Desk Officer
Fo n Affairs Directorate

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• Secret deal places no legal limits on use of data by Israelis
• Only official US government communications protected
• Agency insists it complies with rules governing privacy
• Read the NSA and Israel’s ‘memorandum of understanding’

The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.

Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.

The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process “minimization”, but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.

The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.

The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies “pertaining to the protection of US persons”, repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.

But this is undermined by the disclosure that Israel is allowed to receive “raw Sigint” – signal intelligence. The memorandum says: “Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.”

According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. “NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection”, it says.

Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.

“This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law,” the document says.

In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy.

“Any US person information that is acquired as a result of NSA’s surveillance activities is handled under procedures that are designed to protect privacy rights,” the spokesperson said.

The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.

The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain “any files containing the identities of US persons” for up to a year. The agreement requests only that the Israelis should consult the NSA’s special liaison adviser when such data is found.

Notably, a much stricter rule was set for US government communications found in the raw intelligence. The Israelis were required to “destroy upon recognition” any communication “that is either to or from an official of the US government”. Such communications included those of “officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)”.

It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications. In 2009, however, the New York Times reported on “the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip”.

The NSA is required by law to target only non-US persons without an individual warrant, but it can collect the content and metadata of Americans’ emails and calls without a warrant when such communication is with a foreign target. US persons are defined in surveillance legislation as US citizens, permanent residents and anyone located on US soil at the time of the interception, unless it has been positively established that they are not a citizen or permanent resident.

Moreover, with much of the world’s internet traffic passing through US networks, large numbers of purely domestic communications also get scooped up incidentally by the agency’s surveillance programs.

The document mentions only one check carried out by the NSA on the raw intelligence, saying the agency will “regularly review a sample of files transferred to ISNU to validate the absence of US persons’ identities”. It also requests that the Israelis limit access only to personnel with a “strict need to know”.

Israeli intelligence is allowed “to disseminate foreign intelligence information concerning US persons derived from raw Sigint by NSA” on condition that it does so “in a manner that does not identify the US person”. The agreement also allows Israel to release US person identities to “outside parties, including all INSU customers” with the NSA’s written permission.

Although Israel is one of America’s closest allies, it is not one of the inner core of countries involved in surveillance sharing with the US – Britain, Australia, Canada and New Zealand. This group is collectively known as Five Eyes.

The relationship between the US and Israel has been strained at times, both diplomatically and in terms of intelligence. In the top-secret 2013 intelligence community budget request, details of which were disclosed by the Washington Post, Israel is identified alongside Iran and China as a target for US cyberattacks.

While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel.

“Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge,” states the report, titled ‘History of the US – Israel Sigint Relationship, Post-1992′. “In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA’s only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner.”

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In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. “On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems,” the official says. “A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US.”

Later in the document, the official is quoted as saying: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended.”

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The memorandum of understanding also contains hints that there had been tensions in the intelligence-sharing relationship with Israel. At a meeting in March 2009 between the two agencies, according to the document, it was agreed that the sharing of raw data required a new framework and further training for Israeli personnel to protect US person information.

It is not clear whether or not this was because there had been problems up to that point in the handling of intelligence that was found to contain Americans’ data.

However, an earlier US document obtained by Snowden, which discusses co-operating on a military intelligence program, bluntly lists under the cons: “Trust issues which revolve around previous ISR [Israel] operations.”

newtear2

The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.

In its statement, the NSA said: “We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations.

“NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information.”

Glenn Greenwald, Laura Poitras and Ewen MacAskill
The Guardian, Wednesday 11 September 2013 15.40 BST

Find this story at 11 September 2013

Memorandum of understanding

© 2015 Guardian News and Media Limited or its affiliated companies. All rights reserved.

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Agent In Charge of Amerithrax Investigation Blows the Whistle

The FBI head agent in charge of the anthrax investigation – Richard Lambert – has just filed a federal whistleblower lawsuit calling the entire FBI investigation bullsh!t:

In the fall of 2001, following the 9/11 attacks, a series of anthrax mailings occurred which killed five Americans and sickened 17 others. Four anthrax-laden envelopes were recovered which were addressed to two news media outlets in New York City (the New York Post and Tom Brokaw at NBC) and two senators in Washington D.C. (Patrick Leahy and Tom Daschle). The anthrax letters addressed to New York were mailed on September 18, 2001, just seven days after the 9/11 attacks. The letters addressed to the senators were mailed 21 days later on October 9, 2001. A fifth mailing of anthrax is believed to have been directed to American Media, Inc. (AMI) in Boca Raton, Florida based upon the death of one AMI employee from anthrax poisoning and heavy spore contamination in the building.

Executive management at FBI Headquarters assigned responsibility for the anthrax investigation (code named “AMERITHRAX”) to the Washington Field Office (WFO), dubbing it the single most important case in the FBI at that time. In October 2002, in the wake of surging media criticism, White House impatience with a seeming lack of investigative progress by WFO, and a concerned Congress that was considering revoking the FBI’s charter to investigate terrorism cases, Defendant FBI Director Mueller reassigned Plaintiff from the FBI’s San Diego Field Office to the Inspection Division at FBI Headquarters and placed Plaintiff in charge of the AMERITHRAX case as an “Inspector.” While leading the investigation for the next four years, Plaintiff’s efforts to advance the case met with intransigence from WFO’s executive management, apathy and error from the FBI Laboratory, politically motivated communication embargos from FBI Headquarters, and yet another preceding and equally erroneous legal opinion from Defendant Kelley – all of which greatly obstructed and impeded the investigation.

On July 6, 2006, Plaintiff provided a whistleblower report of mismanagement to the FBI’s Deputy Director pursuant to Title 5, United States Code, Section 2303. Reports of mismanagement conveyed in writing and orally included: (a) WFO’s persistent understaffing of the AMERITHRAX investigation; (b) the threat of WFO’s Agent in charge to retaliate if Plaintiff disclosed the understaffing to FBI Headquarters; (c) WFO’s insistence on staffing the AMERITHRAX investigation principally with new Agents recently graduated from the FBI Academy resulting in an average investigative tenure of 18 months with 12 of 20 Agents assigned to the case having no prior investigative experience at all; (d) WFO’s eviction of the AMERITHRAX Task Force from the WFO building in downtown Washington and its relegation to Tysons Corner, Virginia to free up space for Attorney General Ashcroft’s new pornography squads; (e) FBI Director’s Mueller’s mandate to Plaintiff to “compartmentalize” the AMERITHRAX investigation by stove piping the flow of case information and walling off task force members from those aspects of the case not specifically assigned to them – a move intended to stem the tide of anonymous media leaks by government officials regarding details of the investigation. [Lambert complained about compartmentalizing and stovepiping of the investigation in a 2006 declaration. See this, this and this]

This sequestration edict decimated morale and proved unnecessary in light of subsequent civil litigation which established that the media leaks were attributable to the United States Attorney for the District of the District of Columbia and to a Supervisory Special Agent in the FBI’s National Press Office, not to investigators on the AMERITHRAX Task Force; (f) WFO’s diversion and transfer of two Ph.D. Microbiologist Special Agents from their key roles in the investigation to fill billets for an 18 month Arabic language training program in Israel; (g) the FBI Laboratory’s deliberate concealment from the Task Force of its discovery of human DNA on the anthrax-laden envelope addressed to Senator Leahy and the Lab’s initial refusal to perform comparison testing; (h) the FBI Laboratory’s refusal to provide timely and adequate scientific analyses and forensic examinations in support of the investigation; (i) Defendant Kelley’s erroneous and subsequently quashed legal opinion that regulations of the Occupational Safety and Health Administration (OSHA) precluded the Task Force’s collection of evidence in overseas venues; (j) the FBI’s fingering of Bruce Ivins as the anthrax mailer; and, (k) the FBI’s subsequent efforts to railroad the prosecution of Ivins in the face of daunting exculpatory evidence.

Following the announcement of its circumstantial case against Ivins, Defendants DOJ and FBI crafted an elaborate perception management campaign to bolster their assertion of Ivins’ guilt. These efforts included press conferences and highly selective evidentiary presentations which were replete with material omissions. Plaintiff further objected to the FBI’s ordering of Plaintiff not to speak with the staff of the CBS television news magazine 60 Minutes or investigative journalist David Willman, after both requested authorization to interview Plaintiff.

In April 2008, some of Plaintiff’s foregoing whistleblower reports were profiled on the CBS television show 60 Minutes. This 60 Minutes segment was critical of FBI executive management’s handling of the AMERITHRAX investigation, resulting in the agency’s embarrassment and the introduction of legislative bills calling for the establishment of congressional inquiries and special commissions to examine these issues – a level of scrutiny the FBI’s Ivins attribution could not withstand.

After leaving the AMERITHRAX investigation in 2006, Plaintiff continued to publicly opine that the quantum of circumstantial evidence against Bruce Ivins was not adequate to satisfy the proof-beyond-a-reasonable doubt threshold required to secure a criminal conviction in federal court. Plaintiff continued to advocate that while Bruce Ivins may have been the anthrax mailer, there is a wealth of exculpatory evidence to the contrary which the FBI continues to conceal from Congress and the American people.

Exonerating Evidence for Ivins

Agent Lambert won’t publicly disclose the exculpatory evidence against Ivins. As the New York Times reports:

[Lambert] declined to be specific, saying that most of the information was protected by the Privacy Act and was unlikely to become public unless Congress carried out its own inquiry.

But there is already plenty of exculpatory evidence in the public record.

For example:

Handwriting analysis failed to link the anthrax letters to known writing samples from Ivins
No textile fibers were found in Ivins’ office, residence or vehicles matching fibers found on the scotch tape used to seal the envelopes
No pens were found matching the ink used to address the envelopes
Samples of his hair failed to match hair follicles found inside the Princeton, N.J., mailbox used to mail the letters
No souvenirs of the crime, such as newspaper clippings, were found in his possession as commonly seen in serial murder cases
The FBI could not place Ivins at the crime scene with evidence, such as gas station or other receipts, at the time the letters were mailed in September and October 2001
Lab records show the number of late nights Ivins put in at the lab first spiked in August 2001, weeks before the 9/11 attacks
As noted above, the FBI didn’t want to test the DNA sample found on the anthrax letter to Senator Leahy. In addition, McClatchy points out:

After locking in on Ivins in 2007, the bureau stopped searching for a match to a unique genetic bacterial strain scientists had found in the anthrax that was mailed to the Post and to NBC News anchor Tom Brokaw, although a senior bureau official had characterized it as the hottest clue to date.

Anthrax vaccine expert Meryl Nass. M.D., notes:

The FBI’s alleged motive is bogus. In 2001, Bioport’s anthrax vaccine could not be (legally) relicensed due to potency failures, and its impending demise provided room for Ivins’ newer anthrax vaccines to fill the gap. Ivins had nothing to do with developing Bioport’s vaccine, although in addition to his duties working on newer vaccines, he was charged with assisting Bioport to get through licensure.

***

The FBI report claims the anthrax letters envelopes were sold in Frederick, Md. Later it admits that millions of indistinguishable envelopes were made, with sales in Maryland and Virginia.

***

FBI emphasizes Ivins’ access to a photocopy machine, but fails to mention it was not the machine from which the notes that accompanied the spores were printed.

FBI Fudged the Science

16 government labs had access to the same strain of anthrax as used in the anthrax letters.

The FBI admitted that up to 400 people had access to flask of anthrax in Dr. Ivins’ lab. In other words, even if the killer anthrax came from there, 399 other people might have done it.

Moreover, even the FBI’s claim that the killer anthrax came from Ivins’ flask has completely fallen apart. Specifically, both the National Academy of Science and the Government Accountability Office – both extremely prestigious, nonpartisan agencies – found that FBI’s methodology and procedures for purportedly linking the anthrax flask maintained by Dr. Ivins with the anthrax letters was sloppy, inconclusive and full of holes. They found that the alleged link wasn’t very strong … and that there was no firm link. Indeed, the National Academy of Sciences found that the anthrax mailed to Congressmen and the media could have come from a different source altogether than the flask maintained by Ivins.

Additionally, the Ft. Detrick facility – where Ivins worked – only handled liquid anthrax. But the killer anthrax was a hard-to-make dry powder form of anthrax. Ft. Detrick doesn’t produce dry anthrax; but other government labs – for example Dugway (in Utah) and Batelle (in Ohio) – do.

The anthrax in the letters was also incredibly finely ground; and the FBI’s explanation for how the anthrax became so finely ground doesn’t even pass the smell test.

Further, the killer anthrax in the letters had a very high-tech anti-static coating so that the anthrax sample “floated off the glass slide and was lost” when scientists tried to examine it. Specifically, the killer anthrax was coated with polyglass and each anthrax spore given an electrostatic charge, so that it would repel other spores and “float”. This was very advanced bio-weapons technology to which even Ivins’ bosses said he didn’t have access.

Top anthrax experts like Richard Spertzel say that Ivins didn’t do it. Spertzel also says that only 4 or 5 people in the entire country knew how to make anthrax of the “quality” used in the letters, that Spertzel was one of them, and it would have taken him a year with a full lab and a staff of helpers to do it. As such, the FBI’s claim that Ivins did it alone working a few nights is ludicrous.

Moreover, the killer anthrax contained silicon … but the anthrax in Ivins’ flask did not. The FBI claimed the silicon present in the anthrax letters was absorbed from its surroundings … but Lawrence Livermore National Laboratories completely debunked that theory. In other words, silicon was intentionally added to the killer anthrax to make it more potent. Ivins and Ft. Detrick didn’t have that capability … but other government labs did.

Similarly, Sandia National Lab found the presence of iron and tin in the killer anthrax … but NOT in Ivins’ flask of anthrax.

Sandia also found that there was a strain of bacteria in one of the anthrax letters not present in Ivins’ flask. (The bacteria, iron, tin and silicon were all additives which made the anthrax in the letters more deadly.)

The Anthrax Frame Up

Ivins wasn’t the first person framed for the anthrax attacks …

Although the FBI now admits that the 2001 anthrax attacks were carried out by one or more U.S. government scientists, a senior FBI official says that the FBI was actually told to blame the Anthrax attacks on Al Qaeda by White House officials (remember what the anthrax letters looked like). Government officials also confirm that the white House tried to link the anthrax to Iraq as a justification for regime change in that country. And see this.

People don’t remember now, but the “war on terror” and Iraq war were largely based on the claim that Saddam and Muslim extremists were behind the anthrax attacks (and see this and this)

And the anthrax letters pushed a terrified Congress into approving the Patriot Act without even reading it. Coincidentally, the only Congressmen who received anthrax letters were the ones who were likely to oppose the Patriot Act.

And – between the bogus Al Qaeda/Iraq claims and the FBI’s fingering of Ivins as the killer – the FBI was convinced that another U.S. government scientist, Steven Hatfill, did it. The government had to pay Hatfill $4.6 million to settle his lawsuit for being falsely accused.

Ivins’ Convenient Death

It is convenient for the FBI that Ivins died.

The Wall Street Journal points out:

No autopsy was performed [on Ivins], and there was no suicide note.

Dr. Nass points out:

FBI fails to provide any discussion of why no autopsy was performed, nor why, with Ivins under 24/7 surveillance from the house next door, with even his garbage being combed through, the FBI failed to notice that he overdosed and went into a coma. Nor is there any discussion of why the FBI didn’t immediately identify tylenol as the overdose substance, and notify the hospital, so that a well-known antidote for tylenol toxicity could be given (N-acetyl cysteine, or alternatively glutathione). These omissions support the suggestion that Ivins’ suicide was a convenience for the FBI. It enabled them to conclude the anthrax case, in the absence of evidence that would satisfy the courts.

Indeed, one of Ivins’ colleagues at Ft. Deitrich thinks he was murdered.

Whether murder or suicide, Ivins’ death was very convenient for the FBI, as dead men can’t easily defend themselves.

Posted on April 17, 2015 by WashingtonsBlog

Find this story at 17 April 2015

© 2007 – 2015 Washington’s Blog

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WASHINGTON — When Bruce E. Ivins, an Army microbiologist, took a fatal overdose of Tylenol in 2008, the government declared that he had been responsible for the anthrax letter attacks of 2001, which killed five people and set off a nationwide panic, and closed the case.

Now, a former senior F.B.I. agent who ran the anthrax investigation for four years says that the bureau gathered “a staggering amount of exculpatory evidence” regarding Dr. Ivins that remains secret. The former agent, Richard L. Lambert, who spent 24 years at the F.B.I., says he believes it is possible that Dr. Ivins was the anthrax mailer, but he does not think prosecutors could have convicted him had he lived to face criminal charges.

In a lawsuit filed in federal court in Tennessee last Thursday, Mr. Lambert accused the bureau of trying “to railroad the prosecution of Ivins” and, after his suicide, creating “an elaborate perception management campaign” to bolster its claim that he was guilty. Mr. Lambert’s lawsuit accuses the bureau and the Justice Department of forcing his dismissal from a job as senior counterintelligence officer at the Energy Department’s lab in Oak Ridge, Tenn., in retaliation for his dissent on the anthrax case.

Photo

The late Bruce Ivins in 2003, when he was a microbiologist at Fort Detrick, Md. Credit Sam Yu/Frederick News Post, via Assocaited Press
The anthrax letters were mailed to United States senators and news organizations in the weeks after the Sept. 11, 2001, terrorist attacks, causing a huge and costly disruption in the postal system and the federal government. Members of Congress and Supreme Court justices were forced from their offices while technicians in biohazard suits cleaned up the lethal anthrax powder. Decontamination costs nationwide exceeded $1 billion. At least 17 people were sickened, in addition to the five who died.

The bureau’s investigation, one of the longest-running and most technically complex inquiries in its history, has long been seen as troubled. Investigators initially lacked the forensic skills to analyze bioterrorist attacks. For several years, agents focused on a former Army scientist and physician, Dr. Steven J. Hatfill, who was subsequently cleared and given a $4.6 million settlement to resolve a lawsuit. Reviews by the National Academy of Sciences and the Government Accountability Office faulted aspects of the F.B.I.’s scientific work on the case.

Mr. Lambert, who was himself criticized for pursuing Dr. Hatfill for so long, has now offered, in his lawsuit and in an interview, an insider’s view of what hampered the investigation.

“This case was hailed at the time as the most important case in the history of the F.B.I.,” Mr. Lambert said. “But it was difficult for me to get experienced investigators assigned to it.”

He said that the effort was understaffed and plagued by turnover, and that 12 of 20 agents assigned to the case had no prior investigative experience. Senior bureau microbiologists were not made available, and two Ph.D. microbiologists who were put on the case were then removed for an 18-month Arabic language program in Israel. Fear of leaks led top officials to order the extreme compartmentalization of information, with investigators often unable to compare notes and share findings with colleagues, he said.

Mr. Lambert said he outlined the problems in a formal complaint in 2006 to the F.B.I.’s deputy director. Some of his accusations were later included in a report on the anthrax case by the CBS News program “60 Minutes,” infuriating bureau leaders.

Photo

The police in Frederick, Md., spoke with a woman they identified as Diane Ivins, the wife of Bruce E. Ivins, 62, at the couple’s home in Frederick, Md., in 2008. Credit Rob Carr/Associated Press
The F.B.I., which rarely comments on pending litigation, did not respond to requests for comment on Mr. Lambert’s claims.

Although the lethal letters contained notes expressing jihadist views, investigators came to believe the mailer was an insider in the government’s biodefense labs. They eventually matched the anthrax powder to a flask in Dr. Ivins’s lab at Fort Detrick in Maryland and began intense scrutiny of his life and work.

They discovered electronic records that showed he had spent an unusual amount of time at night in his high-security lab in the periods before the two mailings of the anthrax letters. They found that he had a pattern of sending letters and packages from remote locations under assumed names. They uncovered emails in which he described serious mental problems.

The investigators documented Dr. Ivins’s obsession with a national sorority that had an office near the Princeton, N.J., mailbox where the letters were mailed. They detected what they believed to be coded messages directed at colleagues, hidden in the notes in the letters.

As prosecutors prepared to charge him with the five murders in July 2008, Dr. Ivins, 62, took his own life at home in Frederick, Md. Days later, at a news conference, Jeffrey A. Taylor, then the United States attorney for the District of Columbia, said the authorities believed “that based on the evidence we had collected, we could prove his guilt to a jury beyond a reasonable doubt.”

But Mr. Lambert says the bureau also gathered a large amount of evidence pointing away from Dr. Ivins’s guilt that was never shared with the public or the news media. Had the case come to trial, he said, “I absolutely do not think they could have proved his guilt beyond a reasonable doubt.” He declined to be specific, saying that most of the information was protected by the Privacy Act and was unlikely to become public unless Congress carried out its own inquiry.

After retiring from the F.B.I. in 2012, Mr. Lambert joined the Energy Department. But an F.B.I. ethics lawyer ruled that because Mr. Lambert had to work with F.B.I. agents in his new job, he was violating a conflict-of-interest law that forbade former federal employees from contacting previous colleagues for a year after they had left their government jobs.

That ruling led to his dismissal, Mr. Lambert said, and he has not been able to find work despite applying for more than 70 jobs. His lawsuit asserts that several other former F.B.I. agents were able to take identical intelligence jobs with the Energy Department and that he was singled out for mistreatment.

By SCOTT SHANEAPRIL 8, 2015

Find this story at 8 April 2015

© 2015 The New York Times Company

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The Pentagon wouldn’t say which labs received the live anthrax by mistake or who might have been exposed. The shipments went to facilities in nine states.

Military officials said Thursday that the Pentagon was in close contact with officials at research labs in California, Texas and seven other states that received potentially live anthrax spores, but they refused to identify the labs or to disclose how many people were being treated with antibiotics to stave off the disease.

A Defense Department spokesman, Army Col. Steven Warren, said 22 personnel at Osan Air Base in South Korea were taking the antibiotic Cipro as a precaution against anthrax exposure. But he declined to talk about whether workers at labs or other facilities in the United States were also taking Cipro.

The lack of information was criticized by members of Congress, who demanded answers on how the mistaken shipments happened and who had been affected.

“This incident represents a serious breach of trust in the United States Army’s obligation to keep our citizens and service members safe,” Sen. Bill Nelson, D-Fla., a member of the Senate Armed Services Committee, said in a letter to Army Secretary John McHugh. “Moreover, the shipments to a South Korea air base weaken the United States’ credibility as a global leader in chemical weapons control.”

In a separate letter, a bipartisan group of members of the House of Representatives told Defense Secretary Ash Carter and Tom Frieden, the director of the Centers for Disease Control and Prevention, that the inadvertent shipments of live anthrax “raise serious safety concerns” about the way the military handles “dangerous pathogens.”

The letter was signed by Rep. Fred Upton, R-Mich., the chair of the House Energy and Commerce Committee, and the panel’s senior Democrat, Rep. Frank Pallone of New Jersey, as well as two committee members, Republican Rep. Tim Murphy of Pennsylvania and Democratic Rep. Diana DeGette of Colorado.

In comments to reporters Thursday, Warren acknowledged that he did not “have a whole lot of details on the exact purpose” of the anthrax shipments to Osan Air Base. In an earlier statement, Warren had said the anthrax shipments were part of a pilot program to develop a field test to identify biological threats in the environment.

In addition to Osan, the Defense Department said it suspected that labs in nine states had received live anthrax because they had been recipients of the same “cluster” of shipments.

In addition to facilities in California and Texas, those labs included military, university or commercial enterprises in Delaware, New Jersey, New York, Tennessee, Virginia, Maryland and Wisconsin. The anthrax was shipped from a Defense Department lab in Dugway, Utah.

Warren said the the Centers for Disease Control and Prevention was working to determine who might have handled the anthrax shipments before they reached the nine destinations.

He declined to describe what kind of packaging was used to ship the anthrax or to confirm news reports that FedEx had transported at least some of the shipments.

Live anthrax requires strict handling protocols, and anthrax samples are supposed to be rendered inactive before being shipped for research uses. All military, government and civilian labs that might have received such samples are now reviewing their anthrax inventories.

“Out of an abundance of caution, DOD has stopped the shipment of this material from its labs pending completion of the investigation,” Warren said.

“The ongoing investigation includes determining if the labs also received other live samples, epidemiological consultation, worker safety review, laboratory analysis and handling of laboratory waste,” said Jason McDonald, a spokesman for the CDC.

Anthrax burst into the American psyche one week after the 2001 terror attacks in New York and Washington, when over the course of several weeks five people died and 17 survived infection after anthrax-laced letters were sent to several news organization and to the offices of two U.S. senators.

Two of the dead in 2001 were postal workers who’d come in contact with anthrax when the letters containing the spores passed through the Brentwood mail facility in Washington, D.C. Another was an employee of a Florida media company that had received one of the letters. How the other two victims were exposed has never been determined.

Over the next seven years, the FBI and other prosecutors named two men as having possible ties to those anthrax attacks, Steven Hatfill and Bruce Ivins, but the government never brought charges against either of them.

In the current case, four Defense Department employees in the United States who’d handled the samples have been placed in post-exposure treatment in addition to the 22 in South Korea, CNN reported.

Warren defended the speed with which the Pentagon made public the information that live anthrax had inadvertently been shipped. That notification came five days after a research lab in Maryland told the Pentagon that it had received live anthrax in a package that was supposed to contain only inactive spores.

“We got the information out as rapidly as we could,” he said. “It’s important to have as much accurate information as possible. Once we understood that there was no threat to the public, we understood that we had additional time to gather more information and present a more complete picture.”

Osan Air Base in South Korea said in a statement that “all personnel were provided appropriate medical precautionary measures to include examinations, antibiotics and in some instances, vaccinations. None of the personnel have shown any signs of possible exposure.”

The base added: “Hazardous material teams immediately cordoned off the facility, decontaminated it under Centers for Disease Control protocol, and destroyed the agent.”

BY JAMES ROSEN – MCCLATCHY WASHINGTON BUREAU
28 May 2015

Find this story at 28 May 2015

Copyright mcclatchydc.com

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For a second time in three years, an independent inquiry cast doubt Friday on the FBI’s assertion that genetic testing had cinched its conclusion that a now-dead Army bioweapons researcher mailed anthrax-laced letters that killed five people and terrorized the East Coast in 2001.

The long-awaited report from the Government Accountability Office found that the FBI’s exhaustive, cutting-edge attempt to trace the killer with matches of genetic mutations of anthrax samples at times lacked precision, consistency and adequate standards.

The 77-page report, perhaps the final official word on the FBI’s seven-year investigation known as Amerithrax, lent credence to a National Academy of Sciences panel’s finding in 2011 that the bureau’s scientific evidence did not definitely show that the anthrax came from the Maryland bioweapons laboratory of Bruce Ivins.

The report’s findings also mirrored some of the conclusions of a joint investigation by FRONTLINE, McClatchy and ProPublica that was published and aired in the fall of 2011.

Shortly after Ivins took a suicidal drug overdose on July 29, 2008, federal prosecutors said they’d been drafting criminal charges against him, and they declared the scientist at Fort Detrick, Md., the culprit. In 2010, they laid out an extensive circumstantial case against him, presenting as a smoking gun the findings of genetic testing by outside laboratories that matched four distinct mutations in the anthrax spores in the letters with those in a flask full of anthrax in Ivins’ laboratory.

“The significance of using such mutations as genetic markers for analyzing evidentiary samples to determine their origins is not clear,” the auditors wrote. “This gap affects both the development of genetic tests targeting such mutations and statistical analyses of the results of their use.”

The auditors pointed out that an FBI team recommended in 2007 that the bureau conduct experiments to determine whether the mutations the FBI was seeking to match might not have been unique to Ivins’ flask, known as RMR-1029. However, those tests were never done.

That omission also drew concern from the National Academy of Sciences panel, which noted that it was possible that four identical “morphs” could have grown in another laboratory in what it termed “parallel evolution.”

The auditors also focused on contradictory test results from samples collected from a colleague of Ivins who’d used anthrax from RMR-1029. That colleague – Henry Heine, though he wasn’t named in the report – submitted one sample that tested positive in all five genetic tests, but a duplicate sample from his vial tested negative for all five markers, the report said.

The report said that Heine, in the presence of an FBI investigator, didn’t follow instructions for collecting one sample as laid out in a grand jury subpoena. The disclosure raises the possibility that inconsistent collection methods undercut the massive testing effort.

While praising the FBI for turning to four outside laboratories for genetic tests on more than 1,000 anthrax samples it had gathered, the report said the bureau’s laboratory had failed to ensure that all the samples were collected in the same fashion, gave “minimal” instruction to the outside labs and set insufficient standards for validating the results. It also failed to measure the uncertainty in its results, leaving it unclear how much weight they deserve, the report said.

Also unstudied was whether the anthrax spores grew differently in varying conditions, the report said.

The FBI said Friday that it stood by its conclusion, saying it “has complete confidence in the scientific results that provided investigators with leads” to the anthrax used in the attacks.

“As noted in the National Academy of Sciences Report, the genetic tests used by the FBI were well validated,” the bureau said, adding that after a review of all scientific analysis it “is satisfied that the analysis was conducted in a quality manner.”

“It is important to note that the scientific results alone were not the sole basis for concluding that Bruce Ivins committed the 2001 anthrax-letter attacks,” the bureau said.

However, Democratic Rep. Rush Holt of New Jersey, who was among three members of the House of Representatives who requested the audit from Congress’ investigative arm, said “the GAO report confirms what I have often said: that the FBI’s definitive conclusions about the accuracy of their scientific findings in the Amerithrax case are not, in fact, definitive.”

Holt, a scientist who’s retiring from Congress at month’s end, also said “the United States needs a comprehensive, independent review of the Amerithrax investigation to ensure we have learned the lessons from this bio attack.”

Paul Kemp, an attorney for Ivins, echoed Holt’s call for a fuller investigation.

“I only wish we could have had a trial,” he said. “They never had any evidence he prepared the anthrax . . . only that he worked some unexplained overtime. Many scientists in and out of Fort Detrick asserted that there wouldn’t have been enough time for one person to do this – especially in a building and a lab that was open all day every day – without somebody seeing something.”

December 19, 2014, 7:38 pm ET by Greg Gordon McClatchy Washington Bureau and Mike Wiser, FRONTLINE

Find this story at 19 December 2014

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